Redefining Real Estate With Delaware’s Statutory Trust

Redefining Real Estate With Delaware's Statutory Trust

The real estate industry has witnessed various innovative investment structures over the years. One such structure that has gained significant attention is the Delaware Statutory Trust (DST). DSTs provide an alternative investment opportunity for individuals looking to expand their real estate portfolios and potentially enjoy the benefits of passive income. This article explores how DST real estate is redefining the property landscape.

Understanding Delaware Statutory Trusts

Delaware Statutory Trusts are legal entities created under Delaware state law. They allow investors to pool their funds and invest in real estate properties. DSTs are commonly used for commercial properties such as apartment buildings, office complexes, retail spaces, and industrial facilities. These investment vehicles offer several advantages over traditional real estate investments.

Diversification and Passive Ownership

One of the key advantages of investing in DST real estate is the ability to diversify one’s property holdings. By pooling funds with other investors, individuals can access larger and more diverse properties that may have been out of reach individually. This diversification helps spread risk across multiple assets and reduces the potential impact of a single property’s performance on the overall investment.

Additionally, DSTs offer passive ownership, meaning investors are not actively involved in managing the properties. Professional asset managers handle day-to-day operations, including property maintenance, rent collection, and tenant management. This passive approach allows investors to enjoy the benefits of real estate ownership without the responsibilities and time commitment of active management.

Tax Advantages

Another notable feature of DSTs is the potential for tax advantages. When investing in a DST, investors can utilize the benefits of a 1031 exchange, a provision in the U.S. Internal Revenue Code that allows for the deferral of capital gains taxes on the sale of an investment property. By reinvesting the profits from the sale into a DST within a specific timeframe, investors can defer capital gains taxes and increase their investment returns.

Furthermore, DSTs can provide investors with the opportunity to receive tax-advantaged income. Rental income generated by the underlying properties is passed through to the investors, who can potentially benefit from depreciation deductions and offsetting their taxable income. It is important to consult with a tax advisor to fully understand the tax implications and benefits associated with investing in a DST.

Limited Liability Protection

Investing in a DST offers investors limited liability protection. As a passive investor, you are not personally liable for any debts or obligations of the trust. This protection shields your assets from potential claims or lawsuits related to the properties held within the trust. Limited liability protection is a crucial aspect of DSTs that provides peace of mind to investors.

Considerations and Risks

While DSTs offer several advantages, it is essential to consider certain factors before investing. DSTs typically have a minimum investment requirement, which can be substantial. Investors should evaluate their financial capabilities and investment goals to ensure that investing in a DST aligns with their overall portfolio strategy.

Moreover, DSTs have a predetermined holding period, typically ranging from five to ten years. During this period, investors may face limited liquidity options, as the trust structure restricts the sale or transfer of their ownership interest. It is crucial to have a long-term investment horizon and consider the potential illiquidity when investing in a DST.


Delaware Statutory Trusts have emerged as an innovative investment vehicle redefining the real estate landscape. With their ability to provide diversification, passive ownership, tax advantages, and limited liability protection, DSTs offer unique opportunities for investors seeking exposure to commercial real estate. However, conducting thorough due diligence and considering the associated risks is important before making an investment decision. Consulting with financial advisors and tax professionals is crucial to ensure that investing in a DST aligns with your investment goals and overall financial plan.


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